ILNews

Opinions March 3, 2011

March 3, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Indiana Association of Beverage Retailers, Inc. v. Indiana Alcohol and Tobacco Commission, et al.
49A02-1002-PL-125
Civil plenary. Affirms denial of the Indiana Association of Beverage Retailers’ motion for a preliminary injunction against the Indiana Alcohol and Tobacco Commission to enjoin the commission from issuing new beer dealer’s permits in locations in which the statutory limits on the number of beer dealer’s permits have been met or exceeded. The Commission’s interpretation of 7.1-3 is reasonable and doesn’t violate Title 7.1. The IABR also failed to show its members are likely to suffer irreparable harm if no injunction is issued.

Eddie M. Taylor v. State of Indiana

20A03-1003-CR-256
Criminal. Affirms convictions of Class A felony dealing in cocaine and Class B felony dealing in cocaine. Taylor’s decision to proceed pro se was knowingly, intelligently, and voluntarily made and he was not denied the right to counsel, as he was appointed counsel the day before his trial was scheduled to begin.

State of Indiana v. Danny LeFlore (NFP)
49A05-1010-CR-698
Criminal. Reverses denial of the state’s motion to use pretrial statements of witnesses who had been excluded. Remands with instructions that the trial court hear the state’s evidence and make a determination as to whether LeFlore’s conduct rendered the witnesses unavailable for cross-examination and thus, whether LeFlore forfeited his right to confrontation.

J.L. v. State of Indiana (NFP)
49A02-1006-JV-791
Juvenile. Affirms restitution order following adjudication as a delinquent child for committing what would be Class D felony theft if committed by an adult.

C.H. v. State of Indiana (NFP)
49A02-1008-JV-912
Juvenile. Affirms adjudication as a delinquent child for committing acts that would be battery, criminal recklessness, and dangerous possession of a firearm if committed by an adult. Affirms order committing C.H. to the Department of Correction.

Term. of Parent-Child Rel. of A.C.; J.C. v. Tippecanoe County DCS (NFP)
79A04-1007-JT-495
Juvenile. Affirms involuntary termination of parental rights.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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